[R.O. 1991 § 703.010; Ord. No. 1643 § 1, 8-15-1995]
This Chapter sets forth requirements for discharge of commercial and industrial wastes to the sewer system of the City of Smithville, Missouri. The objectives of this Chapter are:
To prevent the introduction of pollutants into the sewer system that will interfere with the operation of the sewer system or wastewater treatment facilities or damage the infrastructure or equipment;
To prevent the introduction of pollutants into the sewer system which will pass through wastewater treatment facilities into receiving waters without adequate treatment or otherwise be incompatible with the sewer system and treatment works;
To ensure that the quality of the wastewater sludge generated in the wastewater treatment process is maintained at a level which allows its use and disposal in compliance with applicable Statutes and regulations;
To protect personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
To improve the opportunity to recycle and reclaim wastewater and sludge from the wastewater treatment facilities;
To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the sewer system and wastewater treatment facilities;
To enable the City to comply with the City of Kansas City's requirements for discharge to the wastewater collection and treatment facilities of Kansas City, Missouri;
To establish the responsibilities and duties of the users of the sewer system; and
To establish the authority of the City to enforce the provisions of this Chapter and to enable the City to assess penalties if these provisions are not met.
[R.O. 1991 § 703.020; Ord. No. 1643 § 1, 8-15-1995]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- 1. If the industrial user is a corporation, "authorized representative" shall mean the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs policy or decision-making functions for the corporation;
- 2. If the industrial user is a partnership or sole proprietorship, "authorized representative" shall mean a general partner or proprietor, respectively;
- 3. If the industrial user is a Federal, State or local governmental facility, "authorized representative" shall mean a director or the highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or his/her designee;
- 4. The individuals described in Subsections (1) through (3) of this definition may designate another authorized representative if the authorization is submitted in writing to the Director and the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or who has overall responsibility for environmental matters for the industrial user.
- A quantity of wastewater, physically separated from all other quantities of wastewater for the purpose of treatment and/or discharge.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of matter under standard laboratory conditions in five (5) days at twenty degrees Centigrade (20° C.), expressed in milligrams per liter (mg/l).
- BUILDING SEWER
- The extension from the building drain to the City sewer or other place of disposal.
- CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
- CHEMICAL OXYGEN DEMAND (COD)
- A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed by a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand (BOD).
- The City of Smithville, Missouri.
- CITY SEWER
- A sewer owned or controlled by the City.
- COMBINED SEWER
- A sewer receiving both surface runoff and wastewater.
- COMBINED WASTE STREAM FORMULA
- A method defined in 40 CFR 403.6(e) to derive alternative discharge limits. Such alternative discharge limits may apply where process effluent regulated by any categorical pretreatment standard is mixed prior to treatment with wastewaters other than those generated by the regulated process.
- COMMERCIAL OR INDUSTRIAL WASTES
- The waterborne wastes from commercial and/or industrial establishments as distinct from sanitary wastewater. This shall not include any discharge to the POTW through an interconnection pursuant to an interjurisdictional agreement as described in Section 703.580 of this Chapter.
- COMMERCIAL USER
- Industrial user.
- COMPOSITE SAMPLE
- A sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
- CODE OF FEDERAL REGULATIONS (CFR)
- Regulations as issued by the United States Government. References to sections of CFR shall be in accordance with the latest revisions unless specifically stated otherwise.
- CODE OF STATE REGULATIONS (CSR)
- Regulations as issued by the Missouri State Government. References to sections of CSR shall be in accordance with the latest revisions unless specifically stated otherwise.
- DAILY MAXIMUM
- The maximum flow rate or maximum average concentration of a particular pollutant which may be discharged in a day.
- A period of normal operation not to exceed twenty-four (24) hours.
- The Public Works Department of the City.
- The Director of the Public Works Department of the City, or his/her authorized deputy, agent or representative.
- Material directly or indirectly released to the POTW; or the act of releasing material directly or indirectly to the POTW.
- The "end of process" liquid wastes from an industrial process which ultimately are discharged.
- ENVIRONMENTAL PROTECTION AGENCY (EPA)
- The United States Environmental Protection Agency.
- Solid food wastes from the preparation, cooking and disposing of food, together with incidental admixtures, and from the handling, storage and sale of produce.
- GRAB SAMPLE
- A sample which is taken on a one-time basis without regard to the flow rate of the sampled stream and without consideration of time.
- HAZARDOUS WASTE
- Any material, regardless of amount, which would be defined as a hazardous waste under 40 CFR Part 261 or 10 CSR 25 if it were not discharged to the POTW.
- INDUSTRIAL USER
- Any person discharging commercial or industrial wastes.
- INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
- The maximum concentration of a pollutant allowed to be discharged at any time, independent of the discharge rate and duration of the sampling event.
- Inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which results in violation (including an increase in the magnitude or duration of a violation) of the facility's NPDES permit or prevents wastewater sludge use or disposal in compliance with any Federal, State or local law, regulation or permit.
- MEDICAL WASTE
- Isolation wastes, infectious agents, human blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis waste or any other materials or items commonly used or associated with medical care.
- NORMAL SEWAGE
- Wastewater which contains not over two hundred fifty (250) milligrams per liter (mg/l) of suspended solids, not over two hundred fifty (250) milligrams per liter (mg/l) of BOD, not over thirty (30) milligrams per liter (mg/l) of oil and grease and which does not contain any of the materials or substances listed in Section 703.110(A)(19) of this Chapter in excess of allowable amounts specified in said Section.
- NPDES PERMIT
- National Pollutant Discharge Elimination System permit issued by the Missouri Department of Natural Resources or EPA.
- OIL AND GREASE
- Any material recovered as a substance soluble in an organic extracting solvent as specified by Standard Method 5520 of "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, or the latest revision thereto. Oil and grease is composed primarily of fatty matter from animal and vegetable sources and from hydrocarbons of petroleum origin. The concentration of oil and grease of petroleum hydrocarbon origin can be determined using Standard Method 5520F. The concentration of oil and grease of animal and vegetable origin is hereby defined as the difference between the total and the petroleum hydrocarbon oil and grease concentrations.
- A measure of the acidity or alkalinity of a substance, expressed in standard units.
- PASS THROUGH
- A violation of any requirement of the City's or of the City of Kansas City's NPDES permit, including an increase in the magnitude or duration of a violation, caused by a discharge or combination of discharges.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.
- Anything discharged into the POTW which causes any alteration of chemical, physical, biological, or radiological integrity of water, including, but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
- The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, but not by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard or requirement.
- PRETREATMENT REQUIREMENT
- Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
- PRETREATMENT STANDARD
- Any regulation which applies to industrial users and contains pollutant discharge limits promulgated by the EPA in accordance with the Act. This term includes prohibitive discharge limits pursuant to 40 CFR 403.5.
- PROPERLY SHREDDED GARBAGE
- Garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in the City sewers, with no particle greater than one-half (1/2) inch in any dimension.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City or by the City of Kansas City. This definition includes the sewer system and any other devices or systems used in the collection, storage, treatment, testing, monitoring, recycling and reclamation of wastewater or industrial wastes and any conveyances which convey wastewater to a treatment plant.
- RECEIVING STREAM
- Any natural watercourse into which treated or untreated wastewater is discharged.
- SANITARY WASTEWATER
- Those wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing and other household facilities.
- SANITARY SEWER
- A sewer which carries wastewater and to which stormwater, surface water and groundwater are not normally admitted.
- A pipe or a conduit for carrying wastewater.
- SIGNIFICANT INDUSTRIAL USER
- Any industrial user which:
- 1. Is subject to categorical pretreatment standards;
- 2. Purchases, uses, or discharges an average of twenty-five thousand (25,000) gallons per day or more of water;
- 3. Discharges a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant serving the said industrial user;
- 4. Accepts waste from another location outside the facility's boundaries for treatment, storage or disposal; or
- 5. Is designated as significant by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operations, for violating this Chapter or for violating pretreatment standards or requirements.
- SLUG DISCHARGE
- Any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary discharge.
- STANDARD LABORATORY METHODS
- Sampling and analytical techniques promulgated by the EPA in 40 CFR Part 136.
- The State of Missouri, including its agencies, and specifically the Department of Natural Resources.
- STORM SEWER, STORM DRAIN
- A sewer which normally carries only stormwater and surface water and drainage.
- Any flow resulting from any form of natural precipitation, including snowmelt.
- SUSPENDED SOLIDS (NON-FILTERABLE RESIDUE)
- The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
- TOXIC POLLUTANTS
- Those substances listed in regulations promulgated by the EPA under the provisions of Section 307 (33 U.S.C. § 1317) of the Act.
- Any person who discharges, causes or permits discharge into the POTW.
- WASTE TREATMENT FACILITY
- Any commercial facility accepting industrial wastes from another location outside the facility's boundaries for treatment, storage or disposal.
- WASTEWATER or SEWAGE
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present, whether treated or untreated.
- WASTEWATER TREATMENT PLANT (WWTP) or TREATMENT PLANT
- The portion of the POTW designed to provide treatment of wastewater.
Editor's Note: "TSS" refers to total suspended solids.
[R.O. 1991 § 703.030; Ord. No. 1643 § 1, 8-15-1995]
Unless the context specifically indicates otherwise, the construction of terms used in this Chapter shall be as follows:
[R.O. 1991 § 703.040; Ord. No. 1643 § 1, 8-15-1995]
For the purposes of this Chapter the following abbreviations shall have the designated meanings:
Editor's Note: See 42 U.S.C. § 6901 et seq.
[R.O. 1991 § 703.050; Ord. No. 1643 § 1, 8-15-1995]
Except as otherwise provided herein, the Director is authorized to administer, implement and enforce the provisions of this Chapter. The Director may delegate to the Director's authorized representatives or agents any powers granted to or duties imposed upon him/her, unless specifically provided otherwise herein.
[R.O. 1991 § 703.060; Ord. No. 1643 § 1, 8-15-1995]
All pollutant analyses, including sampling techniques, submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the sampling and analytical techniques in 40 CFR Part 136 are inappropriate for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
[R.O. 1991 § 703.070; Ord. No. 1643 § 1, 8-15-1995]
Except as indicated in Subsection (B) of this Section, industrial users shall collect wastewater samples using flow proportional composite collection techniques unless the Director determines that such techniques are infeasible or inappropriate. In such cases, the Director may authorize the use of other collection techniques which will provide a representative sample of the effluent or discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic compounds shall be obtained using grab sample collection techniques.
All wastewater samples shall be representative of the industrial user's effluent or discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility or facilities clean and in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge or effluent.
[R.O. 1991 § 703.080; Ord. No. 1643 § 1, 8-15-1995]
Industrial users shall make available for inspection and copying by the Director all records and information required by the Director or by provisions of this Chapter.
Industrial users shall maintain records of all information resulting from any sampling or monitoring required pursuant to this Chapter, including time, date, place and method of sampling and analysis, personnel involved and the results of such activities, material safety data sheets, incoming hazardous waste manifests, outgoing hazardous waste manifests, analytical reports, production records, purchase records, reports submitted to regulatory agencies, and other related records, for a period of at least three (3) years.
The period for maintaining records shall be automatically extended for the duration of any litigation concerning compliance with this Chapter, or where an industrial user has been specifically notified of a longer retention period by the Director.
[R.O. 1991 § 703.090; Ord. No. 1643 § 1, 8-15-1995]
Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, and such tenant is an industrial user, either the tenant or the owner or both may be held responsible for compliance with the provisions of this Chapter.
[R.O. 1991 § 703.100; Ord. No. 1643 § 1, 8-15-1995]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Sections 703.460 through 703.540 of this Chapter.
[R.O. 1991 § 703.110; Ord. No. 1643 § 1, 8-15-1995]
This Section sets forth wastes which are generally unacceptable for discharge to the POTW, requirements for discharge of hauled wastes, requirements for accidental discharge/slug control plans and requirements for wastewater discharge monitoring facilities. No person shall cause, permit, or allow discharge to the POTW of the following materials, substances, or wastes:
Any solid, liquid or gas which, by reason of its nature and/or quantity, creates a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flash point less than or equal to one hundred fifty degrees Fahrenheit (150° F.) using the test method specified in 40 CFR 261.21.
Any wastewater having a pH less than 6.0 or greater than 11.0.
Any garbage except properly shredded garbage.
Any solid or viscous materials in amounts or concentrations which cause obstruction of the flow in the POTW, or solids greater than one-half (1/2) inch in any dimension. Examples of such materials include, but are not limited to, ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, grass clippings, paunch manure, hair and fleshings, entrails, lime slurries, beer and distillery slops, grain processing wastes, grinding compounds, acetylene generation sludge, chemical residues, asphalt residues, acid residues, residues from refining or processing fuel or lubricating oil, and food processing bulk solids.
Any oil and grease of animal or vegetable origin in excess of one hundred fifty (150) mg/l.
Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
Any corrosive, noxious or malodorous material or substance which, either singly or by reaction with other wastes, is capable of causing damage to the POTW or creating a public nuisance or hazard, or preventing entry into the POTW's facilities for maintenance and repair.
Any concentrated dyes or other materials which are either highly colored or could become highly colored by reacting with other discharges.
Any material or substance not specifically mentioned in this Section which is in itself corrosive, irritating to human beings or animals, toxic or noxious, or which by interaction with other wastes could produce undesirable effects, including deleterious action on the POTW's facilities or operations, hazards to humans or animals, or adverse effect(s) upon the receiving stream.
Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
Any medical wastes, except as specifically authorized by the Director.
Any wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150° F.) or which will inhibit biological activity in the POTW or which will cause the temperature at the treatment plant influent to exceed one hundred four degrees Fahrenheit (104° F.).
Any septic tank sludge or any other trucked or hauled pollutants.
Any wastewater containing any radioactive waste or isotopes except as specifically approved by the Director in compliance with applicable State and Federal Statutes and regulations.
Any stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, non-contact cooling water, or unpolluted industrial wastewater unless authorized by the Director.
Any material or combination of materials which results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause worker health and/or safety problems.
Any discharge containing detergents, surface active agents, or other substances which cause excessive foaming in the POTW.
Any discharge which alone or in combination with other discharges causes pass through or interference. A discharge may not be considered to have caused pass through or interference if it was otherwise in compliance with this Chapter and any wastewater discharge permit issued hereunder.
Any discharge which contains any of the following substances in excess of the following daily maximum and/or instantaneous maximum total concentrations. These restrictions apply at the point where the wastewater is discharged to the POTW:
Any discharge or effluent which violates the limitations imposed by a wastewater discharge permit issued under the provisions of this Chapter, or categorical standard, including equivalent concentration limits based on a mass- or production-based categorical standard and concentration limits derived in accordance with the combined waste stream formula.
[R.O. 1991 § 703.120; Ord. No. 1643 § 1, 8-15-1995]
When necessary to protect or to prevent adverse effects on the POTW, its treatment processes, receiving stream, sludge treatment or disposal processes, to provide for worker health and safety, to impose categorical standards, or to address similar concerns of other jurisdictions providing sewer service to the City, the Director may:
Impose mass limitations in addition to or in place of concentration limitations provided for in this Chapter or in any applicable categorical pretreatment standards;
Establish more stringent standards or requirements for discharge to the POTW in wastewater discharge permits;
Establish limits on the effluent from specific industrial processes or pretreatment systems in wastewater discharge permits;
Issue wastewater discharge permits to industrial users setting out special requirements for discharge to the POTW. In no case shall a permit waive compliance with a categorical pretreatment standard or allow any discharge which could cause pass through or interference, except that the Director may establish a reasonable time frame for compliance with this Chapter;
Require treatment to reduce the BOD, suspended solids, and/or oil and grease concentrations in a discharge to levels more closely approaching those of normal sewage; and/or
[R.O. 1991 § 703.130; Ord. No. 1643 § 1, 8-15-1995]
No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard unless expressly authorized by an applicable pretreatment standard.
[R.O. 1991 § 703.140; Ord. No. 1643 § 1, 8-15-1995]
The Director may require any industrial user to undertake a compatibility study for waste proposed for discharge to the POTW to determine whether the waste may be accepted by the POTW.
[R.O. 1991 § 703.150; Ord. No. 1643 § 1, 8-15-1995]
Hauled wastes, including septic tank sludge, contents of cesspools and privy vaults, and other non-hazardous wastes shall not be introduced or accepted into the City's sewers.
[R.O. 1991 § 703.160; Ord. No. 1643 § 1, 8-15-1995]
The Director may require reasonable safeguards to prevent discharge or leakage of any material stored in areas served by or draining into the POTW which could create a fire or an explosion hazard in the POTW or in any other way have a deleterious effect upon the POTW's facilities or treatment processes, or constitute a hazard to human beings or animals or the receiving stream.
The Director may require any industrial user to develop and implement an accidental/slug discharge control plan. This plan shall include at least the following:
Description of discharge practices, including non-routine batch discharges;
Description and location of stored chemicals;
Procedures for immediately notifying the POTW of any accidental or slug discharge or any discharge which violates Section 703.110 of this Chapter and for providing a written report of such discharge within five (5) days of its occurrence. Such report shall be submitted in accordance with Section 703.350 of this Chapter;
Procedures for permanently posting a notice in a conspicuous place in a common area of the industrial user's premises advising employees whom to call in the event of a discharge described in Subsection (A) of this Section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure; and
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, measures for containing materials, and/or measures and equipment for emergency responses.
[R.O. 1991 § 703.170; Ord. No. 1643 § 1, 8-15-1995]
The Director may require the owner of any property occupied by an industrial user to install and maintain at his/her own expense suitable monitoring facilities to facilitate the City's and the industrial user's observation, sampling and measurement of the discharge of the building sewer and/or internal drainage systems and/or effluent from specific processes.
Such facilities shall be easily accessible and safely located, and shall have ample room in or near said facilities to allow accurate collection and preparation of samples for analysis. Such facilities shall be constructed in accordance with plans approved by the Director, and shall be located so as to permit the gauging of flow and the collection of samples truly representing the effluent from regulated processes or the discharge from the property.
The facilities and the sampling and measuring equipment shall be maintained at all times in a safe and proper condition at the expense of the industrial user.
[R.O. 1991 § 703.180; Ord. No. 1643 § 1, 8-15-1995]
Industrial users are responsible for the content of their discharges and shall provide pretreatment of said discharges as required by this Chapter.
[R.O. 1991 § 703.190; Ord. No. 1643 § 1, 8-15-1995]
An industrial user shall provide wastewater pretreatment as required to comply with this Chapter and with all other pretreatment standards and shall achieve compliance within the time limitation specified by the EPA, the State, or the Director, whichever is more stringent. Any facilities required to pretreat wastewater to achieve compliance with a pretreatment standard shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review. The review of such plans and operating procedures shall in no way relieve the industrial user from responsibility for modifying the facility as necessary to produce a discharge which complies with applicable pretreatment standards.
Whenever deemed necessary, the Director may require an industrial user to restrict its discharge during peak flow periods, to discharge certain wastewaters only into specific sewers, to relocate and/or consolidate points of discharge, to separate sanitary wastewater from industrial waste streams, and to perform and maintain such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this Chapter.
When deemed necessary to protect the POTW, worker health and safety, or otherwise prevent interference or pass through, the Director may require an industrial user to maintain, at its facility and at its expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four (24) hour period. Such facility shall have a capacity for at least one hundred fifty percent (150%) of the daily discharge volume and shall be equipped with alarms and a discharge rate controller, the regulation of which shall be specified by the Director. A wastewater discharge permit may be issued solely to require flow equalization.
Oil, grease and grit interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of oil and grease or grit; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the industrial user at its expense.
Any person who may discharge wastes which are unusual in composition, i.e., contain an extremely large amount of suspended solids or BOD, high concentrations of dissolved solids, such as sodium chloride, calcium chloride, or sodium sulfate, or contain substances conducive to creating tastes or odors in drinking water supplies or could otherwise cause such waters to be unpalatable even after conventional water purification treatment, or wastes which are in any other way unusual, shall notify the Director, who may determine whether such wastes shall be prohibited from or may be admitted to the POTW or shall be pretreated before being discharged.
[R.O. 1991 § 703.200; Ord. No. 1643 § 1, 8-15-1995]
The Director may issue, deny, modify or revoke a wastewater discharge permit as described herein. Such actions may be appealed as described herein.
Any new industrial user which will be a significant industrial user shall apply for and shall obtain a wastewater discharge permit prior to discharging to the POTW except as otherwise described in Subsection (H) of this Section. Such application shall be submitted to the Director one hundred twenty (120) days prior to any proposed discharge.
Any significant industrial user which significantly alters or adds to its operation, processes, or wastewater volume or character shall apply for and shall obtain a new permit prior to making the alteration. Such application shall be submitted to the Director sixty (60) days prior to any alteration in discharge. This sixty-day notice may be waived by the Director for alterations which reduce the total quantity of wastewater or pollutants discharged.
Any existing industrial user which becomes a significant industrial user due to any increase or change in the industrial user's contribution of pollutants to the POTW or due to the enactment or revision of this Chapter or promulgation or revision of a categorical standard shall submit a wastewater discharge permit application within one hundred twenty (120) days after the effective date of this Chapter or within one hundred twenty (120) days after the date it becomes a significant industrial user, whichever is later.
Any violation of wastewater discharge permit requirements or conditions shall be a violation of this Chapter. Compliance with a wastewater discharge permit does not relieve the permittee of responsibility for compliance with this Chapter, with all applicable Federal and State pretreatment standards and requirements, or with any other requirements of Federal, State or local Statutes or regulations.
No significant industrial user shall:
Discharge anything into the POTW without having first obtained a valid wastewater discharge permit;
Discharge anything into the POTW when its wastewater discharge permit has been suspended, revoked, or has expired; or
Discharge anything into the POTW in excess of or in contravention of the provisions of its wastewater discharge permit.
Upon finding that an industrial user who is not subject to categorical pretreatment standards but otherwise meets the criteria for being a significant industrial user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard, the Director may at any time determine that such industrial user is not a significant industrial user.
The Director may require other industrial users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.
[R.O. 1991 § 703.210; Ord. No. 1643 § 1, 8-15-1995]
In order to be considered for a wastewater discharge permit, the Director may require an industrial user to submit, in units and terms appropriate for evaluation, an application containing:
Name, address and discharge location (if different from the address);
A description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
The number of employees and hours of operation;
A list of each product produced by type, amount, process or processes, and rate of production;
The type and amount of raw materials processed (average and maximum per day);
The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
The time, duration, and flow rate of the discharge;
The nature and concentration of any pollutants in the discharge which are limited by pretreatment standards or pretreatment requirements, and a statement regarding whether or not the pretreatment standards or pretreatment requirements are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the significant industrial user to meet said pretreatment standards or pretreatment requirements;
Any environmental control permits held by or for the facility; and
Such additional information as deemed necessary or appropriate by the Director to evaluate, clarify, modify or supplement the originally submitted wastewater discharge permit application.
All industrial users subject to categorical pretreatment standards must submit a baseline monitoring report as described in Section 703.300 of this Chapter.
Any industrial user desiring, or required by the Director, to use the combined waste stream formula as described in 40 CFR 403.6(e) to establish applicable discharge requirements shall submit the necessary information and calculations to support the use of the formula.
Failure by an industrial user to provide any information required by or in accordance with this Section may result in denial or revocation of a permit.
[R.O. 1991 § 703.220; Ord. No. 1643 § 1, 8-15-1995]
All wastewater discharge permit applications must contain the certification statement as described in Section 703.380 and be signed by the authorized representative of the industrial user.
All wastewater discharge permit applications must contain the appropriately signed and certified "Designation of Authorized Representative" form.
[R.O. 1991 § 703.230; Ord. No. 1643 § 1, 8-15-1995]
Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the Director to prevent pass through or interference, protect the water quality of the receiving stream, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality of the POTW, or protect against damage to the POTW.
Wastewater discharge permits may contain, but need not be limited to, the following conditions and may contain a schedule for compliance with said conditions:
A statement of the wastewater discharge permit duration, which in no event shall exceed five (5) years;
A statement that the wastewater discharge permit is not transferable;
Discharge and/or effluent limits applicable to the permittee and the permittee's processes, based on applicable standards in Federal, State, or local laws and regulations and interjurisdictional agreements;
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include parameters to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, or local Statutes or regulations and/or interjurisdictional agreements. These requirements may also include provisions for increased self-monitoring activities in the event of violations;
A statement of applicable civil, criminal, and administrative penalties for violation of discharge or effluent standards and requirements, and any applicable compliance schedule;
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;
Requirements for the installation of pretreatment technology or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;
Requirements for development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
Requirements for development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW;
Requirements for installation and maintenance of inspection, monitoring and sampling facilities and equipment;
Requirements for periodic submittal of all incoming and outgoing hazardous waste manifests;
Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter and State and Federal laws, rules, and regulations.
[R.O. 1991 § 703.240; Ord. No. 1643 § 1, 8-15-1995]
Wastewater discharge permit conditions are specifically and independently enforceable regardless of whether they are expressly required by or set out in this Chapter. Enforcement shall be in accordance with the provisions, penalties, and other requirements of this Chapter and all other applicable laws and regulations.
[R.O. 1991 § 703.250; Ord. No. 1643 § 1, 8-15-1995]
The permit applicant or permittee may petition the Director to reconsider a wastewater discharge permit denial or revocation or the terms of a wastewater discharge permit or a wastewater discharge permit modification within thirty (30) days of the denial, issuance, revocation or modification of a permit.
If the applicant or permittee does not submit a timely petition for reconsideration, the Director's permit decision shall be final.
In its petition, the petitioner must indicate the reasons it believes the Director's decision was in error and specify the wastewater discharge permit conditions to which it objects.
The effectiveness of the wastewater discharge permit decision shall not be stayed pending the appeal.
If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied.
[R.O. 1991 § 703.260; Ord. No. 1643 § 1, 8-15-1995]
The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following:
To incorporate any new or revised Federal, State, or local pretreatment standard or monitoring requirement;
To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;
Violation of any terms or conditions of the wastewater discharge permit or this Chapter;
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
Revision of categorical pretreatment standards;
To correct typographical or other errors in the wastewater discharge permit.
The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
[R.O. 1991 § 703.270; Ord. No. 1643 § 1, 8-15-1995]
A permit may be revoked for cause at any time upon giving the permittee at least thirty (30) days' written notice. However, in cases where a permittee's discharge is an imminent threat to health and safety or caused interference or pass through, the permit may be revoked without notice.
Wastewater discharge permits may be denied or revoked for the following reasons:
Failure to notify the Director of significant changes to the discharge prior to such changes;
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
Falsifying self-monitoring reports;
Tampering with monitoring equipment;
Refusing to allow the Director timely access to the facility premises and records;
Failure to meet effluent limitations;
Failure to pay fines;
Failure to pay sewer charges and/or permit fees;
Failure to meet compliance schedules;
Failure to complete a requested wastewater survey;
Failure to submit required reports or information;
Violation of any pretreatment standard, this Chapter, or any terms of a wastewater discharge permit.
[R.O. 1991 § 703.280; Ord. No. 1643 § 1, 8-15-1995]
Industrial users shall prepare and submit such reports as are required by this Chapter and 40 CFR 403.12. Such reports shall be filed in the office of the Director unless otherwise provided.
[R.O. 1991 § 703.290; Ord. No. 1643 § 1, 8-15-1995]
All new industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing discharge. Existing industrial users shall submit a wastewater survey when requested to do so by the Director. The Director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to comply with this Section shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this Chapter.
[R.O. 1991 § 703.300; Ord. No. 1643 § 1, 8-15-1995]
When required by the Director, by Section 703.210 or by 40 CFR 403.12, industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the following information:
Identifying Information. The name and address of the facility, including the name of the operator and owners and the name and title of the authorized representative.
Environmental Control Permits. A list of any environmental control or wastewater discharge permits or authorizations held by or for the facility.
Description Of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from regulated processes, and storage areas for raw materials and hazardous waste.
Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated processes and other sources as necessary to allow use of the combined waste stream formula.
Measurement Of Pollutants.
The categorical pretreatment standards applicable to each regulated process.
The results of sampling and analysis identifying the concentration of each regulated pollutant in the effluent from each regulated process. Where required by the pretreatment standard or the Director, the mass of each regulated pollutant in the effluent from each regulated process and the production rate of each regulated process shall also be reported. Samples shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set forth in 40 CFR Part 136 and shall be collected in such number and otherwise in accordance with 40 CFR 403.12(b)(v). The industrial user shall provide estimates of the anticipated flow and quantity of pollutants where actual data cannot be obtained.
The time, date and place of sampling shall be reported for each sample.
Certification. A statement by the industrial user's authorized representative certifying that the sampling results submitted are representative of normal work cycles and expected effluents and indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. An industrial user which has not begun discharge to the POTW shall include a description of any pretreatment process or processes it intends to use to meet applicable pretreatment standards.
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the industrial user shall report the shortest schedule for providing such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 703.310 of this Chapter.
[R.O. 1991 § 703.310; Ord. No. 1643 § 1, 8-15-1995]
Any compliance schedule required by Section 703.300 shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (such events may include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No such progress increment shall exceed nine (9) months. The industrial user shall submit a progress report to the Director no later than fourteen (14) days following each date in the compliance schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Director.
[R.O. 1991 § 703.320; Ord. No. 1643 § 1, 8-15-1995]
Within ninety (90) days following the date for final compliance with an applicable categorical pretreatment standard, or in the case of a new facility or an existing facility which has altered or added to its operation, processes, or wastewater volume or character in a manner which causes it to become subject to said categorical pretreatment standard, within ninety (90) days of commencing discharge from such new facility or process, any industrial user subject to such pretreatment standard shall submit to the Director a report containing the information described in Section 703.300(A)(4) through (7) and Section 703.310. For industrial users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the industrial user's long-term production rate. For industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. This report must be signed and certified in accordance with Section 703.380.
[R.O. 1991 § 703.330; Ord. No. 1643 § 1, 8-15-1995]
Any significant industrial user shall, at a frequency determined by the Director but in no case less than every six (6) months, submit a report indicating the concentration in its effluent and/or discharge of all pollutants which are limited by such pretreatment standards and/or pretreatment requirements, and the measured or estimated average and maximum daily flows for the reporting period. Where required by the pretreatment standard or the Director, the significant industrial user shall also report the mass of each regulated pollutant in the discharge and/or in the effluent from each regulated process and the production rate of each regulated process. This report must be signed and certified in accordance with Section 703.380.
If a significant industrial user monitors any pollutant more frequently than required by the Director, the results of this monitoring shall be included in the report.
[R.O. 1991 § 703.340; Ord. No. 1643 § 1, 8-15-1995]
Each industrial user shall notify the Director of any planned significant changes to the industrial user's operations or systems which may alter the nature, quality or volume of its wastewater at least sixty (60) days before the change. The industrial user shall submit such information as may be deemed necessary by the Director to evaluate the changed condition, including a wastewater discharge permit application.
The Director shall respond to said notice within sixty (60) days. He/she may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to this notice. No industrial user shall implement the planned changed conditions(s) until and unless the Director has responded to the industrial user's notice.
For purposes of this requirement, flow increases of more than ten percent (10%) or the discharge of any previously unreported pollutant shall be deemed significant changes.
[R.O. 1991 § 703.350; Ord. No. 1643 § 1, 8-15-1995]
Any industrial user which has an accidental discharge, a discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug discharge which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 703.110 of this Chapter), shall immediately telephone and notify the Director of the incident. This notification shall include the location of discharge, source, material(s) involved, concentration and volume, if known, and corrective actions taken by the industrial user.
Within five (5) days following such discharge, the industrial user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Chapter.
[R.O. 1991 § 703.360; Ord. No. 1643 § 1, 8-15-1995]
All industrial users shall report to the Director any discharge into the POTW of a substance which, if otherwise disposed of, would be defined as a hazardous waste under 40 CFR Part 261. Such report must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). The report shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the waste(s), an estimation of the mass and concentration of such constituents in the waste stream discharged during each calendar month of that reporting period, and an estimation of the mass of such constituents in the waste stream expected to be discharged during the following twelve (12) calendar months.
Such hazardous waste discharge report shall be made a part of every periodic compliance report for significant industrial users and shall be submitted every six (6) months for all other industrial users. The reporting requirements in this Section do not apply to individual pollutants already reported under the self-monitoring requirements of a wastewater discharge permit issued pursuant to this Chapter. In the case of any report required by this Section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
[R.O. 1991 § 703.370; Ord. No. 1643 § 1, 8-15-1995]
If sampling performed by an industrial user indicates a violation of the effluent and/or discharge limitations provided in this Chapter and/or in the industrial user's wastewater discharge permit, the industrial user must notify the Director within twenty four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat sampling and analysis to the Director within thirty (30) days after becoming aware of the violation.
[R.O. 1991 § 703.380; Ord. No. 1643 § 1, 8-15-1995]
All reports and applications submitted pursuant to the requirements of this Chapter must contain the following certification statement and be signed by the authorized representative of the industrial user.
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
[R.O. 1991 § 703.390; Ord. No. 1643 § 1, 8-15-1995]
All industrial users which are not significant industrial users shall provide appropriate reports to the Director as required by the Director.
[R.O. 1991 § 703.400; Ord. No. 1643 § 1, 8-15-1995]
The Director shall be authorized to promulgate rules and regulations as may be necessary for effecting the purposes of and which are not inconsistent with the provisions of this Chapter.
[R.O. 1991 § 703.410; Ord. No. 1643 § 1, 8-15-1995]
Written reports shall be deemed to have been submitted on the date endorsed by the United States Postal Service (USPS). For reports which do not contain a USPS endorsement on the envelope or container, the date of receipt of the report shall govern.
[R.O. 1991 § 703.420; Ord. No. 1643 § 1, 8-15-1995]
The Director shall cause periodic inspections to be made of premises to secure compliance with the requirements of this Chapter.
The Director shall have the right to collect samples from any point in industrial user's processes, and of any chemicals or hazardous waste stored at the industrial user's facility.
The Director shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's discharge.
The Director may require the industrial user to install sampling and monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
[R.O. 1991 § 703.430; Ord. No. 1643 § 1, 8-15-1995]
Whenever necessary to make an inspection, to collect samples, or to enforce any of the provisions of this Chapter or whenever the Director or the Director's authorized representative has reasonable cause to believe that there exists justification to undertake such activities, the Director or the Director's representative may enter a facility at any reasonable time to inspect the same or to perform any duty imposed upon the Director by this Chapter.
No person shall refuse the Director or his/her representative access to the industrial user's premises or shall cause unreasonable delay in such access.
If no consent has been given to enter or inspect any facility, no entry or inspection shall be made without the procurement of a warrant from a judge of a court of competent jurisdiction. The Director or the Director's authorized representative, any Police Officer, Deputy, or City Attorney of the City, may file a written complaint with a judge of a court of competent jurisdiction, stating that he/she has probable cause to believe there exists a violation or violations of the provisions of this Chapter or any wastewater discharge permit issued hereunder at a facility particularly described in the complaint. If such complaint is verified by oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, such judge shall issue a search warrant directed to the authorized person to search the facility described in the complaint for the purposes requested. Such search warrant may be executed and returned only within fifteen (15) days after the date of its issuance. The person authorized to search shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this Chapter discovered pursuant to such search.
The Court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
Eye witness account of violation.
Plain view violations.
Violations apparent from City records.
Nature of alleged violation, the threat to life, safety and imminent risk of harm to the POTW or the environment.
Passage of time since last inspection.
Previous violations at the facility.
[R.O. 1991 § 703.440; Ord. No. 1643 § 1, 8-15-1995]
The Director may use a grab sample(s) when appropriate to determine non-compliance with this Chapter.
[R.O. 1991 § 703.450; Ord. No. 1643 § 1, 8-15-1995]
Any person who violates any requirement of this Chapter shall be subject to penalties as described herein.
[R.O. 1991 § 703.460; Ord. No. 1643 § 1, 8-15-1995]
The Director may publish annually, in the largest daily newspaper published in Smithville, Missouri, a list of the industrial users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall mean one (1) or more of the following:
Chronic violations of pretreatment standards, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same parameter by any amount;
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria. The criteria for fats, oils and grease is 1.4. For all other parameters except pH, the criteria is 1.2;
Any other discharge violation that the Director believes has caused, or has the potential to cause, alone or in combination with other discharges, interference or pass through, or to endanger the health or welfare of City personnel or the general public;
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of emergency authority to halt or prevent such a discharge;
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or an enforcement order for starting construction, completing construction, or attaining final compliance;
Failure to provide, within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report non-compliance.
[R.O. 1991 § 703.470; Ord. No. 1643 § 1, 8-15-1995]
If any person or industrial user violates the provisions of this Chapter or any order of the Director, the City Attorney may commence an action for legal or equitable relief in any court with appropriate jurisdiction.
[R.O. 1991 § 703.480; Ord. No. 1643 § 1, 8-15-1995]
Any person who is found to have violated an order of the Director or who failed to comply with any provisions of this Chapter and the orders, rules, regulations and permits issued hereunder shall be subject to a penalty not exceeding five hundred dollars ($500.00) per offense in addition to paying for the damages (including restoration) caused by said violation or failure to comply. Each calendar day in which a violation continues shall be considered a separate offense subject to the penalty provided herein. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Chapter or the orders, rules, regulations and permits issued hereunder.
[R.O. 1991 § 703.490; Ord. No. 1643 § 1, 8-15-1995]
Any person or industrial user who violates any provision of this Chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a violation of this Chapter, and shall be subject to a fine of not less than fifty dollars ($50.00) but not more than five hundred dollars ($500.00) per day per violation or by imprisonment for not more than ninety (90) days or both. For any continuing violation, each day of the violation shall be considered a separate offense.
[R.O. 1991 § 703.500; Ord. No. 1643 § 1, 8-15-1995]
Any person violating any provision of this Chapter shall become liable to the City for any expenses incurred by the City as a result of such violation.
[R.O. 1991 § 703.510; Ord. No. 1643 § 1, 8-15-1995]
Any industrial user found to be in violation of this Chapter or of any wastewater discharge permit or order issued hereunder is subject to termination of water and/or sewer service.
[R.O. 1991 § 703.520; Ord. No. 1643 § 1, 8-15-1995]
The Director may order any person who causes or contributes to violation(s) of this Chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or pretreatment requirement, to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the person show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least seven (7) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. A show cause hearing shall not be a prerequisite for taking any other action and shall not otherwise limit the Director's authority to proceed under this Chapter during the pendency of the show cause proceedings.
[R.O. 1991 § 703.530; Ord. No. 1643 § 1, 8-15-1995]
The Director may immediately suspend water and/or sewer service to an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, which threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
Any industrial user notified of a suspension of water and/or sewer service shall immediately stop or eliminate its discharge. If an industrial user fails to immediately comply with the suspension order, the Director shall take such steps as are deemed necessary, including immediate severance of the sewer connection and termination of water service, to prevent or minimize damage to the POTW, the receiving stream, or endangerment to any individuals. The Director shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings set forth in Section 703.510 are initiated against the industrial user.
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause(s) of the harmful discharge and the measures taken to prevent any future occurrence to the Director, prior to the date of any show cause or termination hearing under Sections 703.510 and 703.520.
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
[R.O. 1991 § 703.540; Ord. No. 1643 § 1, 8-15-1995]
[R.O. 1991 § 703.550; Ord. No. 1643 § 1, 8-15-1995]
Industrial users shall pay the cost of the wastewater discharge permitting program, and the cost for any treatment of discharges with BOD and/or suspended solids in excess of that found in normal sewage in accordance with this Section.
All permittees are responsible for defraying the costs of administering the permitting program.
Permit application review fees are applicable and are normally due at the time of the permit application. Permit application review fees shall normally be billed at the same time as the water bill and the normal sewer service charge unless otherwise approved by the Director.
If additional sampling and analyses are required by enforcement circumstances or at the discretion of the Director, sample collection shall be billed at the rate of fifty dollars ($50.00) per occurrence (day) and sample analyses shall be billed at cost. Enforcement sampling and testing charges shall normally be billed at the same time as the water bill and the normal sewer service charge unless otherwise approved by the Director.
A wastewater discharge permit shall be issued/reissued only after payment of applicable fees. Permit fees are non-refundable. The following fees are applicable:
A wastewater discharge permit fee of two hundred fifty dollars ($250.00) shall be charged annually for all wastewater discharge permits.
[R.O. 1991 § 703.560; Ord. No. 1643 § 1, 8-15-1995]
Imposition. When the BOD, suspended solids and/or oil and grease concentration of a discharge exceeds the maximum concentration of any or all of these components in normal sewage, a surcharge or surcharges established by the formula hereinafter set forth shall be levied in addition to the normal sewer service charge.
Computation Of Amount.
The surcharge shall be computed by using the following formula:
The symbols, letters or figures employed in the formula signify:
The extra strength control (ESC) charge shall be the actual departmental cost for each individual user, including overhead, related to obtaining, measuring and analyzing wastewater samples to determine wastewater strengths for billing purposes. The Director shall determine the method and frequency of said testing as may be reasonable for each industrial user in accordance with recognized engineering practices; provided, however, that an industrial user shall be entitled to additional sampling at its request upon payment of additional costs therefor. In lieu of sampling and analysis by the City, the Director, at his/her discretion, may permit an industrial user to collect and analyze samples of its own wastewater at its own expense, provided that samples are taken at least annually and collected and analyzed in accordance with standard laboratory methods and the results are certified by a professional engineer registered in the State of Missouri. The City reserves the right to verify any such submitted data.
[R.O. 1991 § 703.570; Ord. No. 1643 § 1, 8-15-1995]
Any surcharge or surcharges pursuant to Section 703.560 shall be shown on the water bill as a separate item or items which shall show the amount of the surcharge or surcharges and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
Any permit application fee pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the permit application fee and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
Any permit maintenance fee pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the permit maintenance fee and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
Any enforcement sampling and testing charges pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the enforcement sampling and testing charges and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
All surcharge, permit application, permit maintenance, and/or sampling and testing revenue collected in accordance with the provisions of this Section shall be deposited with the City Clerk in the same separate fund as is the revenue collected for the normal sewer service charge. All such revenue shall be used to pay the cost of constructing, operating, maintaining, and enlarging the existing or future wastewater works of the City, and to pay the principal and interest of sewer revenue bonds.
[R.O. 1991 § 703.580; Ord. No. 1643 § 1, 8-15-1995]
Sewerage services may be extended to governmental jurisdictions outside the City limits through interjurisdictional agreements (IJAs). These IJAs shall contain provisions to recover the costs of these sewerage services and to comply with industrial pretreatment regulations. The Director, with the approval of the Board of Aldermen, may enter into cooperative agreements for wastewater collection and/or treatment services with other governmental jurisdictions, provided that:
The other jurisdiction adopts a sewer use ordinance which is at least as stringent as this Chapter and adopts local limits which are at least as stringent as those set forth in this Chapter.
The other jurisdiction submits a revised commercial and industrial user inventory for those areas flowing into the City sewer system on at least an annual basis.
The other jurisdiction conducts an EPA- or State-approved program of pretreatment implementation activities including industrial user permit issuance, inspection and sampling, and enforcement, or authorizes the City or the City of Kansas City, Missouri, and its servants, employees or agents to conduct such activities on its behalf.
The other jurisdiction agrees to provide the City with access to all information that the other jurisdiction obtains as part of its pretreatment activities in areas served by the POTW.
The other jurisdiction agrees to pay the appropriate surcharge as determined by Section 703.560 of this Chapter based upon the measured flow and concentration of BOD, suspended solids, and oil and grease at each interconnection point.
[R.O. 1991 § 703.590; Ord. No. 1643 § 1, 8-15-1995]
Information and data about an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and from inspection and sampling activities shall be available to the public unless the industrial user specifically requests otherwise and is able to demonstrate to the satisfaction of the Director that the information is not required to be disclosed under Missouri or Federal law. When the industrial user has demonstrated that such information should be held confidential, the portions of a report which might disclose the confidential information shall not be made available for inspection by the public, but shall be made available upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. The City shall be permitted to introduce any admissible evidence it deems necessary in any criminal prosecution without regard to the request for confidentiality under this Section. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public.
[R.O. 1991 § 703.600; Ord. No. 1643 § 1, 8-15-1995]
This Chapter shall take precedence over any other earlier ordinances or sections thereof which may be in conflict with this Chapter.